GOPSAI AVINANDAN SANGHA,KOLKATA vs. ITO(E), WARD-1(1), KOLKATA. , KOLKATA

(A.Y. 2012-2013) Gopsai Avinandan Sangha 2. None appeared on behalf of the Revenue at the time of hearing. Therefore, we have decided to dispose of the appeal after hearing the ld. Counsel for the assessee and on the basis of material available on record.

Brief facts of the case are that the assessee is a registered Cooperative Society and is running an Educational Institution and assessed as an AOP. The assessment of income of the appellant under section 143(3) was completed on 27.03.2015 and the total income assessed was Rs.1,77,46,310/-. The assessment under section 143(3) dated 27.03.2015 was revised under section 263 by the ld. CIT (Exemption), Kolkata directing the ld. Assessing Officer to compute the income without allowing exemption under section 11 of the Income Tax Act, 1961 on 09.03.2017. Pursuant to the order under section 263 dated 09.03.2017, the ld. Assessing Officer passed the assessment order under section 143(3)/263 dated 06.09.2017 by making addition of Rs.86,18,353/- disallowing exemption under section 11 being accumulation of income for charitable purpose to the extent not exceeding 15% of the income. On being aggrieved, the assessee preferred an appeal before the ld. CIT(Appeals).

The ld. CIT(Appeals) has given several opportunities to the assessee to substantiate its claim, but the appellant did not file the written submissions and did not represent the case before the ld. CIT(Appeals). Thereafter the ld. CIT(Appeals) dismissed the appeal ex-parte on 26th September, 2023.

At the time of hearing, it was the submission of the ld. Counsel for the assessee that ld. CIT(Appeals) did not consider the case on merit, rather he just upheld the order passed by the ld. Assessing Officer. Therefore, he pleaded to delete the addition made by the ld. Assessing Officer as confirmed by the ld. CIT(Appeals).